Mark J. Levin

Mark J. Levin

Ballard Spahr LLP

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Third Circuit Holds that Courts, Not Arbitrators, Should Rule on Classwide Arbitration

In Opalinski v. Robert Half International, Inc., the United States Court of Appeals for the Third Circuit held that where an arbitration clause is silent as to the availability of classwide arbitration, that issue should...more

8/6/2014 - Appeals Arbitration Arbitration Agreements Arbitrators Class Action Class Action Arbitration Waivers Employer Liability Issues FLSA Jurisdiction Robert Half

Executive Order Requires New Disclosures for Federal Contractors

On Thursday, July 31, 2014, President Obama signed an Executive Order called "Fair Pay and Safe Workplaces," requiring covered federal contractors and subcontractors to publicly report labor violations, to forgo the use of...more

8/6/2014 - ADA ADEA Barack Obama Disclosure Requirements Executive Orders Fair Pay and Safe Workplaces FAR Federal Contractors FLSA FMLA Mandatory Arbitration Clauses OSHA Subcontractors Title VII

AAA to Require Arbitration Clause Registration as Part of Revamped Consumer Rules

The American Arbitration Association (AAA) announced yesterday that beginning September 1, 2014, it will implement and maintain a publicly available Consumer Clause Registry. This will affect any company that designates the...more

7/11/2014 - American Arbitration Association Mandatory Arbitration Clauses Registration

Calif. Supreme Court Sides Against NLRB, Finds Class Action Waivers in Arbitration Agreements Enforceable

The Supreme Court of California recently found an employee’s waiver of the right to bring a class action against his former employer enforceable under state law. In the process, the court reversed its 2007 decision in Gentry...more

6/30/2014

Pew Checking Accounts Report Makes Troubling Recommendations

The Pew Charitable Trusts has released another report evaluating the checking account disclosure practices of the nation’s largest banks. Despite finding that disclosure practices have improved, Pew again urges the Consumer...more

4/17/2014 - Banks Charitable Trusts Disclosure Requirements

Arbitration Clause Survives Contract Termination, Sixth Circuit Holds

Can an employer compel arbitration in accordance with an arbitration clause in a contract that has terminated? The U.S. Court of Appeals for the Sixth Circuit recently answered this question in the affirmative....more

4/8/2014 - Arbitration Contract Term Employment Contract Mandatory Arbitration Clauses

Eleventh Circuit Agrees Employees Can Waive FLSA Collective Action Rights

The U.S. Court of Appeals for the Eleventh Circuit has become the fifth appellate court to hand down a victory for employers in the fight over enforceability of class action waivers. The court ruled that an arbitration...more

3/27/2014 - Class Action Collective Actions FLSA Waivers

Tenth Circuit Rejects State Law Challenge to FAA Primacy

In the aftermath of AT&T Mobility, LLC v. Concepcion and American Express Co. v. Italian Colors Restaurant, consumer lawyers have frequently argued that arbitration agreements should be invalidated if features other than the...more

1/31/2014 - American Express v Italian Colors Restaurant Arbitration Arbitration Agreements AT&T Mobility v Concepcion Federal Arbitration Act SCOTUS

Fifth Circuit Rejects NLRB Ruling Invaliding Class Action Waivers in Arbitration Agreements

On December 3, 2013, the U.S. Court of Appeals for the Fifth Circuit rejected the National Labor Relations Board’s (NLRB) ruling that an employer violates the National Labor Relations Act (NLRA) by requiring employees to...more

12/5/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB Federal Arbitration Act NLRA NLRB

California Courts Rule for and against Arbitration

Two recent Ninth Circuit opinions and a California Supreme Court ruling demonstrate that the debate over the enforceability of consumer arbitration provisions is far from over. With the U.S. Supreme Court weighing whether to...more

10/31/2013 - American Express v Italian Colors Restaurant Arbitration AT&T Mobility v Concepcion CFPB Federal Arbitration Act SCOTUS

High Arbitration Fees Prove Costly to Defendant

A recent decision by the Arizona Court of Appeals underscores the importance of keeping consumer arbitration agreements consumer friendly. In Clark v. Renaissance West, LLC, the court affirmed the trial court’s denial of a...more

10/9/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements AT&T AT&T Mobility v Concepcion Fees Unconscionable Contracts

Prominent industry trade groups nix CFPB’s proposed telephone survey of consumers

As part of its on-going study of consumer arbitration mandated by the Dodd-Frank Act, the CFPB announced on June 7, 2013 that it is seeking funding from the Office of Management and Budget to undertake a telephone survey of...more

8/14/2013 - Arbitration Arbitration Agreements CFPB Credit Cards Dodd-Frank Surveys

11th Circuit Affirms Arbitrator’s Class Ruling but Leaves Arbitrability Undecided

Applying the Supreme Court’s recent decision in Oxford Health Plans v. Sutter, the 11th Circuit affirmed an arbitrator’s conclusion that the parties’ agreement permitted class-wide arbitration....more

7/16/2013 - Arbitration Arbitration Agreements Class Action Arbitration Waivers Class Arbitration Oxford Health v Sutter SCOTUS

Pew Report on Checking Account 'Best Practices' Draws Questionable Conclusions

The Pew Charitable Trusts has released a report on the safety and transparency of checking accounts. The study questions whether banks are sufficiently engaged in what Pew deems "best practices" and concludes that the...more

6/21/2013 - Arbitration Agreements Binding Arbitration CFPB Checking Accounts Disclosure Requirements Overdraft Fees

No 'Vindication of Rights' Exception to Concepcion, Supreme Court Holds

The U.S. Supreme Court today delivered a knock-out punch to the last major court challenge to the use of class action waivers in consumer arbitration agreements....more

6/21/2013 - American Express v Italian Colors Restaurant Arbitration Arbitration Agreements AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

U.S. Supreme Court Upholds Class Arbitration Ruling Where Parties Asked Arbitrator To Decide the Issue

In a rare unanimous decision on an arbitration issue, the Supreme Court upheld an arbitrator's ruling permitting the arbitration to proceed on a class-wide basis....more

6/19/2013 - Arbitration Arbitration Agreements Class Action Contract Interpretation Federal Arbitration Act SCOTUS

Massachusetts Supreme Judicial Court Invalidates Class Action Waiver in Arbitration Provision

Addressing an important issue that the U.S. Supreme Court will decide in the next few weeks, the Supreme Judicial Court of Massachusetts has held that a court may invalidate an arbitration agreement that contains a class...more

6/15/2013 - American Express Arbitration Agreements AT&T Mobility v Concepcion Class Action Arbitration Waivers Statutory Rights

CFPB supporting documentation for arbitration study telephone survey includes justification and proposed questions

As we reported, the CFPB has asked the Office of Management and Budget to approve the Bureau’s plans to conduct a national telephone survey of 1,000 credit card holders as part of its study of the use of mandatory arbitration...more

6/13/2013 - Arbitration Arbitration Agreements CFPB Credit Cards

California Courts' Split Widens on Arbitrability of PAGA Claims

Additional questions concerning the applicability of AT&T Mobility v. Concepcion to representative actions arose this week when a California intermediate court of appeals ruled that claims under the state's Private Attorneys...more

6/7/2013 - Arbitration AT&T Mobility AT&T Mobility v Concepcion Federal Arbitration Act PAGA

CFPB seeking approval to conduct telephone survey of credit card holders for arbitration study

The CFPB is seeking approval from the Office of Management and Budget to conduct a national telephone survey of 1,000 credit card holders as part of its study of the use of mandatory arbitration agreements in connection with...more

6/6/2013 - Arbitration CFPB Credit Cards Mandatory Arbitration Clauses Request For Information Surveys Telephone Voting

Third Circuit Clarifies Standards for Arbitration Motions

Resolving an issue "of utmost importance" that has divided the district courts, the Third Circuit yesterday clarified the legal standards that district courts should apply in deciding a motion to compel arbitration....more

5/30/2013 - Arbitration Arbitration Agreements Federal Arbitration Act Motion to Compel

TILA Ban on Mandatory Arbitration in Mortgage Loans Takes Effect June 1

The Truth in Lending Act (TILA) ban on mandatory arbitration provisions in certain mortgage loans becomes effective on June 1, 2013. Lenders now using mortgage loan documentation containing such provisions should take steps...more

5/17/2013 - Dodd-Frank Mandatory Arbitration Clauses Mortgages Regulation Z TILA

Supreme Court Ruling on Employee’s Lawsuit Will Also Affect Rule 23 Class Action Cases

In a decision that has broad implications beyond its labor law context, the U.S. Supreme Court held on April 16, 2013, that an employee plaintiff in a collective action whose individual claim was mooted by her employer’s...more

4/18/2013 - Class Action Collective Actions FLSA Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness Rule 23 Rule 68 SCOTUS

Ninth Circuit Delivers a Key Victory for Consumer Arbitration

Proponents of consumer arbitration have been buoyed by a Ninth Circuit opinion issued on April 11, 2013, that underscores the dramatic impact that AT&T Mobility, LLC v. Concepcion has had on the enforcement of consumer...more

4/16/2013

Supreme Court Agrees To Decide Procedure for Enforcing Forum Selection Clauses

Agreeing to review an important issue that has divided the federal circuit courts, the U.S. Supreme Court announced yesterday that it will decide the proper procedural vehicle for enforcing forum selection clauses. ...more

4/2/2013 - Forum Selection Clause SCOTUS Transfer of Venue

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